San Diego Union-Tribune (Sunday)
Strip clubs lead the way in county virus rulings
Eat, drink and be merry for ... you might get to go watch naked women dance.
A lawsuit by two strip clubs had briefly upended sweeping COVID-19 health policies stipulating which businesses can remain open in San Diego County. But a court ruling Friday evening left the rules intact, for now.
Sure, the nature of the businesses at the epicenter of the dispute over statewide restrictions has caused some snickering, but it really shouldn’t.
The adult entertainment industry has often been in the middle of disputes over public policy matters of great consequence, from censorship and freedom of expression to employment conditions and worker rights.
Long before gig economy giants like Uber and Lyft waged a massive campaign in the fall to overturn a state law that narrowly restricted who could be an independent contractor, the adult entertainment industry weighed in.
Exotic dancers and adult film actors were outspoken about the changes, with some lining up on both sides of legislation by Assembly member Lorena Gonzalez, D-san Diego, that would classify them and many other independent contractors — from ride-share drivers to construction workers — as employees of the businesses they work for.
Under state law, employees are guaranteed employment protections and benefits that independent contractors are not. The measure appealed to a lot of gig workers, but others opposed the Gonzalez bill, in part out of fear that their hours would be cut and they would lose flexibility.
As then, the issues raised now in the strip clubs’ lawsuit — questions about the science guiding COVID policy, constitutional rights and more — are universal.
San Diego Superior Court Judge Joel Wohlfeil on Wednesday ruled that Pacers and Cheetahs adult entertainment clubs could remain open, and, in a shocker, extended his ruling to restaurants.
The county immediately suspended enforcing the shutdown rules that allowed restaurants to offer only take-out service. On Friday, the state sought and won an appellate court stay of Wohlfeil’s ruling.
Some restaurants had moved quickly to reopen, but several contacted Thursday by The San Diego Union-tribune took a waitand-see attitude with the
that the county provided no evidence that establishments with restaurant service — like the clubs — “present any risk” as long as they follow established safety protocols.
That’s a strong statement, but the background makes it a bit less surprising. Weeks ago, local officials urged Gov. Gavin Newsom not to drop the county into the toughest category of coronavirus restrictions, providing data that showed the vast increase in COVID-19 cases was not linked to businesses targeted for shutdown, such as restaurants and gyms. Newsom rejected the plea.
That data was incorporated in an unsuccessful lawsuit filed in November by a handful of businesses seeking to reopen indoor operations that went before a different judge.
If Wohlfeil’s ruling ultimately is upheld, pressure
will no doubt grow to allow the reopening of other businesses that have not been identified as significant spreaders of COVID-19.
Widely varying strategies on how much societies should shut down as authorities try to corral the pandemic have been debated since the early days of the worldwide COVID-19 outbreak.
The same week Wohlfeil’s ruling rocked San Diego, two nations going in opposite directions in their fight against COVID-19 made international headlines.
One, Sweden, continued to back away from its oncepromising laissez-faire approach amid calls for sharper restrictions as coronavirus cases and deaths mounted.
The other, New Zealand, further loosened its few remaining restrictions after an early and near-total shutdown appeared to have spared the country an extended, widespread outbreak. New Zealand in June declared itself virus-free.
Sweden had allowed bars, restaurants and other businesses as well as schools to stay open, allowing people to gather and go about their lives pretty much as they had in pre-pandemic days. Residents were urged to follow certain safety protocols, such as social distancing and hand washing, though masks were not emphasized. The nation largely relied on personal responsibility.
This contrasted with neighboring European countries, which went into varying degrees of lockdown, reopening and lockdown again.
Yet by summer, Sweden seemed to be getting control of the spread and caseloads dropped dramatically. Critics of the lockdown approach in San Diego and elsewhere argued that Sweden’s approach was the way to go.
That was then. Now Sweden has one of the highest per capita coronavirus death rates in the world and last week Prime Minister Stefan Lofven said health officials misjudged the impact of the latest wave of the pandemic, according to the Los Angeles Times.
Meanwhile, on the other side of the world, New Zealand agreed to a quarantinefree “travel bubble” with Australia, according to the BBC. Australia has had success in tamping down the coronavirus, though not as much as its neighbor.
New Zealand had completely closed its borders and had one hard lockdown period in order to defeat COVID-19, at least so far.
What’s happening in New Zealand and Sweden may seem far afield from San Diego and California, but their approaches — strict lockdown vs. a lighter touch — continue to be debated here.
Critics of lockdowns maintain much can and should remain open as long as safety precautions are followed, in an effort to protect not only lives but livelihoods. Business closures have had far-reaching financial impact and, as with infections and deaths, the worst may be yet to come. Right now, hospitals are approaching the breaking point.
California has loosened restrictions before and COVID-19 cases and deaths surged. The governor’s most recent shutdown order was in part intended to keep people from going out for nonessential activities.
Regardless of what ultimately happens in court, the debate over shutting down or staying open will continue — and strip clubs will be in the thick of it.
Tweet of the Week
Goes to Assembly member Alex Lee, D-san Jose, (@Votealexlee2020) on Wednesday.
“To date 21,481 Californians have died due to COVID19. That’s more than the net growth of residents in CA”
michael.smolens@ sduniontribune.com